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刑法应保持谦抑性,谨慎介入民间融资领域,刑法条文的解释不应持开放扩大之势,应严格遵守罪刑法定原则,持守立法原意。刑法并不是万能之法,也不能以社会危害性为主导而将立法引入感性状态。在刑法谨慎介入的前提下,借鉴香港《放债人条例》,建立以备案许可为核心的新制度,主张借贷双方同时备案,应对被许可借贷机构实行信用评级制度。信息不对称是许多农民、出资者深受其害的原因,解决信息公开问题是避免公众受骗的有效途径。
The criminal law should be modest and concise, be cautiously involved in the field of private financing, and the interpretation of criminal law provisions should not be held open and open. We should strictly abide by the statutory principle of crime and punishment and hold the original intent of law. The criminal law is not a law of omnipotence, nor can it introduce the legislation into the perceptual state led by social harmfulness. Under the premise of prudent involvement in criminal law, the Hong Kong Money Lenders Ordinance should be borrowed to establish a new system focusing on filing permitting. Both lenders and lenders should also put on file at the same time and should apply for a credit rating system for licensed lending institutions. Asymmetric information is the reason why many peasants and investors are deeply affected. To solve the problem of information disclosure is an effective way to avoid being cheated by the public.